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  1. #1

    Default Property Manager Will Not Release Me nor My Property from Expired Agreement

    My question involves landlord-tenant law in the State of Texas:

    I sent a property manager a proper 30-day notice that I would not be renewing my agreement with him to manage my property. He has violated the terms which require him to get my approval for repairs over $500. He also went three times over budget in the initial renovations without my permission. That's why I did not renew. I sent the tenant written notice that the agreement was at an end and to send her rent to me.

    The property manager told the tenant that the agreement was still in force and to send the rent to him. Apparently she did so. I have gotten no money nor accounting from this guy -it's the 13th and rent was due the first. The lease has my name as landlord but directs rent payments to the property manager.

    He does have a clause that management fees are required throughout the term of the lease, even if the property management agreement ends. I understand that - however, the first tenant he rented to broke the prior lease, causing the term of the new tenant's lease to overlap. Normally a tenant breaking a lease is responsible for all fees associated with reletting. So it is my contention that the manager should go to them for his fees.

    What can I do, he does not respond to calls or emails? This is a person I trusted as I had known him for a long time and his father was friends with my father going back to the early 1950s. To me this is fraud or at least stealing the rent from me. Thanks.

  2. #2
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Property Manager Will Not Release Me nor My Property from Expired Agreement

    "Normally a tenant breaking a lease is responsible for all fees associated with reletting. So it is my contention that the manager should go to them for his fees."

    Uhm, no; wishful thinking interpretation. We're talking about management fees under a contract between the two of you.

    You're free to sue him for your rent. What you owe him, if anything, would be something he'd address in a counterclaim.

    It's not fraud or theft, but it is a breach of contract if you've followed the terms of your management contract and it allows you to terminate it on 30 days' notice and that time has come and gone and he should be sending $X to you.

    I wouldn't be sending emails unless you have an advanced means by which to ascertain whether he's opened them (or at least received them). Otherwise, I'd be sending via snail mail (certified, and showing on the letter that a copy went via whatever means). (I presume your contract doesn't require X notices to be sent via Y means.)

    - - - Updated - - -

    You ought to also send a letter to the tenant advising her that X is no longer your manager and she needs to start sending the rent to you regardless of what this manager says.

  3. #3

    Default Re: Property Manager Will Not Release Me nor My Property from Expired Agreement

    Thanks for the reply...yes maybe it is wishful thinking - I had no idea about these fees continuing with a new lease- my fault. However, that was never brought up and the person to whom he leased (after the initial tenants broke their lease) - that was done on his own, I was told of 'a candidate' and I said IF you can get certain terms to lease it to her.. never anything sent to me for approval...they did not get the terms I wanted but leased it to her anyway, in terms that were not far off as far as the rent price but six months off as far as the lease term.

    So if I can prove he had already breached the terms by going over $500 in repair without my approval or other reasons, maybe he cannot prevail on his counterclaim?

    This is a matter of about $1500 in management fees and the montly rent is $1825.00 - I would just let him go until the end EXCEPT, I expect many more irresponsible and non-approved 'repairs' along the way...he even bought a new refrigerator (over $500 without my permission - there was an extra one in the garage!).

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